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HomeMy WebLinkAbout01-1490FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION FIRST NATIONWIDE MORTGAGE CORPORATION 5280 CORPORATE DRiVE FREDERICK, MD 21703 TERM Plaintiff v. NO'O/--/qq(D CUMBERLAND COUNTY ROBERT B. FORSYTHE, A/K/A R.B. FORSYTHE RITA M. FORSYTHE 5203 WINDSOR BOULEVARD MECHANICSBURG, PA 17055 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1F YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 6838603878 1. Plaintiff is FIRST NATIONWIDE MORTGAGE CORPORATION 5280 CORPORATE DRIVE FREDERICK, MD 21703 2. The name(s) and last known address (es) of the Defendant(s) are: ROBERT B. FORSYTHE, A/K/A R.B. FORSYTHE RITA M. FORSYTHE 5203 WINDSOR BOULEVARD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 6/6/86 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to SEARS MORTGAGE CORPORATION, F/K/A ALLSTATE ENTERPRISES MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 817, Page 944. By Assignment of Mortgage dated 5/i3/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 635, Page 382. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." 6. The following amounts are due on the mortgage: Principal Balance $44,671.62 Interest 2,006.62 9/1/00 through 2/1/01 (Per Diem $13.03) Attorney's Fees 2,233.00 Cumulative Late Charges 98.80 6/6/86 to 2/1/01 Cost of Suit and Title Search 550.00 Subtotal $49,560.04 Escrow Credit 106.38 Deficit 0.00 Subtotal ($106.38) TOTAL $49,453.66 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees wilt be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff s written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $49,453.66, together with interest from 2/1/01 at the rate of $13.03 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. Is/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Sai~m, MD2089~-~l January 11, 2001 Certificate of Mail R B Forsythe / 5203 Windsor Blvd Mechanicsburg PA 17055-3529 RE: Lo~ No. 6838603878 Dear Mortgagor: Act 91 Notice Take Action to Save Your default, and the lender intends to foreclose, specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the pro,ram works. TO see if HEMAP can helP, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OP THIS NOTICE. Take this notice with you when yOU meet with the counseling agency. The name, address, and phone number of the Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll-free at 1-800-342-2397. (Persons with impaired hearing can call (717)780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma lmportancia, Dues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo pot el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salver su casa de la perdida del derecho a redimir su hipoteca. DF300-003/C24 5280 ~r~rat. Or,e, Fr~erick, MD 6ai~rsb~'g. MD2(]898-9~1 January 11, 2001 Certified Mail Return Receipt Requested Rita M Forsythe 5203 Windsor Blvd Mechanicsburg PA 17055-3529 ~/ RE: Loan No. 6838603878 Dear Mortgagor: Act 91 Notice Take Action to Save Your Home From Foreclosure This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. TO see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the counseling agency. The name, address, and phone number of the Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If You have any questions, you may call the Pennsylvania Housing Finance Agency toll-free at 1-800-342-2397. (Persons with impaired hearing can call (717)780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to held you find a lawyer. La notificacion en adJunto es de suma imDortancia, Dues afecta su derecho a continuar viviendo en su casa. Si no comDrende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible Data un prestamo por el Drograma llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la Derdida del derecho a redimir su hipoteca. DF356-001/C24 5280 Corporate Drive, Frederick, MD 21703 .' HIBJTA January 11, 2001 Loan No. 6838603878 Page 2 PA Act 91 Homeowner's Name: R B Forsythe ProDerty Address: 5203 Windsor Blvd Mechanicsburg PA 17055 Loan Account No.: 6838603878 Original Lender: Current Lender/Servicer: First Nationwide Mortgage HO~OWN~R'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY A~SISTANCE~ * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND yoUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEIN~ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSIN~ FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled .to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a ,face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MOST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE TO DATE. THE PART. OF THIS NOTICE CALLED "HOW TO CURE' YOUR MORTGA~ DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE' UP TO DATE. DF303-001/C24 EXHIBITA January 11, 2001 Loan No. 6838603878 Page 3 CONSUMER CREDIT COUNSELIN~ A~ENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of the designated consumer credit counseling a~encies for county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATIONS FOR MORTOAQE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file completed Homeowners' Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME I~DIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. A~BNCY ACTIO~;t Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligi- bility criteria established by the Act. The Pennsylvania Housing DF303-001/C24 EXHtBITA January 11, 2001 Loan No. 6838603878 Page 4 PA Act 91 Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTEs IF YOU ARE CURRENTLy PROTECTED ~Y THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWIN~ PART OF THIS IS FOR INFORMATION PURPOSE8 ONLY AND SHOULD NOT BECONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTOAGE DEFAULT (Bring it UP to data) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 5203 Windsor Blvd Mechanicsburg PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE YOUR MONTHLYNORT~AQE PAYMENTS for the following months and the following amountsare now past due: J// / i Months at $619.55' --~/ . 619 55j 1 Months at $643.30 ~/ 643[30J/ 2 Months at $622.12 E/ 1,244-24~/ Late Charges 59.28 Bed Check Fees .00 Foreclosure Fees .00 Bankruptcy Fees / .00 Other Fees J, 14.00 Less Suspense Balance .00 TOTAL AMOUNT DH 580.37 AS OF THIS DATE HOW TO CURE THE DEFAULT - You~may cure the default within THIRTY(30) DAYS of the date of this no~ce BY pAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $.~6580.37 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE~DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: First Nationwide Mortgage Corporation D~pt. 0107 Palatine, ZL 60055-0107 DF304-001/C24 EXHIBITA January Il, 2001 Loan No. 6838603878 Page 5 PA Act 91 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attor- neys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAOE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs; If you CUre the default within the THIRTY (30) DAY peri~, you will not be required =o pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. DF304-001/C24 EXH BITA January 11, 2001 Loan No. 6838603878 Page 6 PA Act 91 RIGHT TO CURE THE DEFAULT PRIOR THE SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time uD to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then- due, reasonable attorney'S fees and cost connected with the foreclosure sale and other cost connected with the Sheriff's Sale as specified in writing by the lender and by performing any other reguirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be ep~roximetely 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: First Nationwide Mortgage CorPoration 5280 Co.orate Drive Frederick, MD 21703 DeDer tment 252 1-800-888-&333 EFFECT OF THE SHERIFF'S SALE - YOU should realize that the Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTgAgE - You, UPON OUR CONSENT may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU HAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR. ) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. DF305-001/C24 EXHiBITA PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming-Clinton Counties Commision for CCC$ of Northen.qtern PA Community Action (STEP) 1631 South Atherton St., Suite 100 2138 Lincoln Street P.O. Box 1328 State College, PA 16801 Wiliiamsport, PA 17703 (814) 238-3668 FAX (814) 238-3669 (570) 326-0587 FAX (570) 322-2197 CCCS of Nor01enstem PA 20I Bain Street WilliamsporL PA 17703 (570) 32J-6627 FAX (570) 323-6626 COLUMBIA COUNTY 31 W. Market Street 1400 Abinglon Executive Park POB 1127 Suite 1 Wilk~-Barre, PA 18702 Clark~ Summit. PA 18411 (570) 821-0837 or (800) 922-9537 (570) 587-9163 or (800) 922-9537 FAX (570) 821-1785 F/LX (570) 587-9134-9135 Commission on Economics Opportunity of Luz*me County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-05 l0 or (800) 822-0359 FAX (570) 829-1665--(Call Before Faxing) (570) 455-4994 Haz¢ltown FAX (570) 455-563 I~(Call Before Faxing) (570) 836-4090 Tanldmano~k CRAWFORD COUNTY Booker T. W~shing~on Center Greater Erie Community Action Committee 1720 Holland Center 18 West 90, Street Erie, PA 16503 Erie, PA 16501 (814)453-5744 FAX(814) 5749 (814) 459-4581 FAX(814) 456-0161 John F. Kennedy C~nter, Inc. Shenango Valley Urban League, Inc. 2021 Coat 20~ Street 601 Indiana Avenue Erie, PA 16510 Farrell, PA 16121 (814) 898-0400 (412) 981-5310 FAX (814) 898-1243 CUMBERLAND COUN-I'Y CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglestown Road 3 l West 3'~ Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 Urban League of Metropolitan Hamsburg YWCA of Carlisle N. 6ta Street 30i ~G" Street Harrisburg, PA 17101 Carlisle, PA 17013 e (717) 234-5925 FAX (717) 234-9459 (717) 243-3818 FAX (717) 731-9559 Community Action Corem of the Capital Region Adams County Housing Authority 1514 Derry Street 139-I43 Carlisle St. Harrisburg, PA 17104 Gettysburg, PA 17325 (717) 232-9757 FAX (717) 2342227 (717) 334-I518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 II II SCEEDULE A ALL that certain Lot NO. 2, Glck K on Plan NO. 1, Windsor Park, Lower Allen TOwnship, Cumberland County, Pennsylvania, as partly shown on the Plan dated January 31, 1959 as revised March 27, 1959, by D. P. ~affensperger, R.S., and recorded in Plan Book 17, Page 90, ~re partlcularly described as follows, to 'wit: BEGINNING at a point on the westerly .si~e of Windsor Boulevard, said point being 105 feet sou{h of the southwest intersection of Windsor Boulevard and Wesley Drive as show~ on ~he said revised Plan; thence South 45 degrees 22 m/nutes West along the westerly side of Windsor Boulevard, a distance of 73.05 feet; thence by same on a curve to the right with a radius of 130.64 feet, a distance of 3.35 feet to Lot No. 3; thence North 44 degrees 38 ~[nutes West along ~he division line between Lots Nos. Z and 3 a distance of 119.96 feet to a point; thence North 45 degrees 22 minutes East a distance of 76.4 feet to a point; thence South 44 degrees 38 minutes East along the division line between Lots Nos. 1 and 2 a distance of 120 feet to a 'point in the western line Of Windsor Boulevard, the place of BEGINNING. HAVING thereon erected a dwelling house known and numbered as 5203 Windsor Boulevard. BEING the same pr~misgs which Edward M. Atkinson and Pearl L. Atkinson, his wife of the 'Recorder of ~Deeds in and for C~mberland County, Pennsylvania granted and conveyed unto Robert B. Forsythe ~nd R/ta M. Foreythe, his wife, the Mortgagors he,min. VERIFICATION FRANK FEDERMAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiffas soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. SHERIPFIS RETURN - REGULAR CASE NO: 2001-01490 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST NATIONWIDE MORTGAGE CORP VS PORSYTHE ROBERT B ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FORSYTHE RITA M the DEPENDANT , at 0013:58 HOURS, on the 22nd day of March , 2001 at POE: CAMP HILL ANIMAL HOSPITAL 3804 MARKET ST CAMP HILL, PA 17013 by handing to RITA FORSYTHE a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Service 9.30 t Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 25.30 03/26/2001 FEDERMAN & PHELAN me this ~c__~ day of Deputy Sheriff 7~_~ ~Z~/ A.D. ~Prothono~ary SHERIFF'S RETURN - REGULAR CASE NO: 2001-01490 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST NATIONWIDE MORTGAGE CORP VS FORSYTHE ROBERT B ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FORSYTHE ROBERT B A/K/A FORSYTHE R B the DEFENDANT at 0010:07 HOURS, on the 23rd day of March , 2001 at 400 E SIMPSON ST MECHANICSBURG, PA 17055 by handing to ROBERT B. FORSYTHE a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Service 6.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 34.20 03/26/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By:~_~i~/~ me this ~ day of Dep~y Sheriff/ '}~ ~.~ .. ~, A.D. P~o~honotary ' FEDERNL~N AND PHEL~kN BY: FP~ANK FEDERMAN, ESQUIRE Attorney for Plaintiff Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 FIRST NATIONWIDE MORTGAGE CORPOP~ATION : COURT OF COMMON PLEAS PLAINTIFF : vs. : CUMBERLJtND COUNTY No. 01-1490-CIVIL ROBERT B. FORSYTHE A/K/A R.B. FORSYTHE RITA M. FORSYTHE : DEFENDANT : PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification with respect to the Complaint filed in the instant matter. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: March 29, 2001 t,lAR-14-O 1 14:2,/ 215563TSB8 a- '~ P.02 R-§3T Job-] GG 03/14/01 , WED 1.4:02 FAX 2155637588 FEDERMAN A PHELAN ~]002 ROBERT B. FORSYTHE, A/K/A R.B. FORSYTHE #6838603878 VF, RTFICATION hereby states that he/she is of FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE : CUMBERLAND COUNTY CORPORATION : 5280 CORPORATE DRIVE : COURT OF COMMON PLEAS FREDERICK, MD 21703 : Plaintiff : CML DIVISION : vs. : NO. 01-1490-CIVIL : ROBERT B. FORSYTHE, A/K/A 1LB. : FORSYTHE : 400 EAST SIMPSON STREET : MECHANICSBURG, PA 17055 : RITA M. FORSYTHE : 3804 MARKET STREET CAMP HILL, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiffand against ROBERT B. FORSYTHE, A/FdA R.B. FORSYTHE and RITA M. FORSYTHE, Defendant(s), £or failure to file an Answer to Plaintiffs Complaint within 20 days from service thereo£and £or foreclosure and sale &the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $49,453.66 Interest 2/1/01 TO 4/24/01 $1~081.49 TOTAL $50,535.15 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED.~(~ . ,.~_.~ ~/] DATE: Ot~;/~ ~23', ROTHY **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY [NFO BTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE pREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT ANH SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. FEDEP24AN AND pHELAi~, L.L-P. Frank Federman, Esquire Identification No. 12248 ATTORNEY FOR pLAINTIFF One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 FI--~ST NATIONWIDE MORTGAGE COURT OF COMMON PLEAS CORpORATiON CIVIL DIVISION Plaintif[ rs. CU~MBERL~D COUNTY ROBERT B. FORSYTHE, A/K/A R.B. NO. 01-1490-CIVIL FORSYTHE RITA M. FORSYTHE Defendant(s) FILE COPY TO: ROBERT B. FORSYT~E, A/K/A R.B, FORSYTHE 400 EAST SIMPSON STREET MECF~NICSBURG, PA 17055 DATE OF NOTICE: APRIL ~3,2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORFk~TION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU are in default because you have failed enter a written appearance personally or by attorney and file in writing wiYh the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the daEe of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN Frank Pederman, Esquire Identification No. 12248 ATTORNEY FOR PLAINTIFF One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 FIRST NATIONWIDE MORTGAGE : COURT OF COMMON PLEAS CORPOPJ{TION · CIVIL DIVISION Plaintiff vs. : CUMBERLAND COUNTY ROBERT B. FORSYTHE, A/K/A R.B. · NO. 01-1490-CIVIL FORSYTHE RITA M. FORSYTHE Defendant TO: RITA M. FORSYTHE 3804 ~RKET STREET FILE COPY CAMP HILL, PA 17013 DATE OF NOTICE: APRIL 13,2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT kND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY· IMPORTANT NOTICE YOu are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND CO[~TY CUMBERLAND COUNTY BAR ASSOCIATION 2 L~ERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE : CUMBERLAND COUNTY CORPORATION : : Court of Comman Pleas Plaintiff : : CIVIL DIVISION VS. : : NO. 01-1490-CIVIL ROBERT B. FORSYTHE, A/K/A R.B. : FORSYTHE : RITA M. FORSYTHE : Defendant(s) VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers~ and Sailors' Civil Relief Act of Congress of 1940, as mended (b) that defendant ROBERT B. FORSYTHE, A/K/A R.B. FORSYTHE is over 18 years of age and resides at 400 EAST SIMPSON STREET, MECHANICSBURG, PA 17055. (c) that defendant RITA M. FORSYTHE is over 18 years of age, and resides at 425 GARDEN DRIVE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) FIRST NATIONWIDE MORTGAGE : CUMBERLAND COUNTY CORPORATION : : Court of Common Pleas Plaintiff : : CIVIL DIVISION VS. -' : NO. 01-1490-CIVIL ROBERT B. FORSYTHE, A/KJA R.B. : FORSYTHE : RITA M. FORSYTHE : Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on APRIL ~ 5' ,2000. By (~/~,, ~ ~)'P~_~ DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESOUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 *'THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIHS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LI~N AGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FIRST NATIONWIDE MORTGAGE CORPORATION : Plaintiff, : : No. 01-1490-CIVIL ROBERT B. FORSYTHE, A/K/A R.B. FORSYTHE : RITA M. FORSYTHE Defendant(s). : TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Duc $50~535.15 Interest from 4/25/01 TO 9/5/01 $1,105.23 and Costs (per diem - $8.31) TOTAL $51~640.38 FRANK FEDERMAN, ESQUIRE ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN Lot Not 2, Block K, on Plan No. 1, Windsor Park, Lower Allen Township, Cumberland County, Pennsylvania, as partly shown on the Plan dated January 31, 1959 as revised March 27, 1959, by D. P, Raffensperger, R.S., and recorded in Plan Book I7. Page 90. more particularly described as follows, to wit: BEGINNING at a point on the Westerly side of Windsor Boulevard, said point being 105 feet south of the Southwest intersection of Windsor Boulevard and Wesley Drive as shown on the said revised Plan; thence South 45 degrees 22 minutes West along the Westerly side of Windsor Boulevard, a distance of 73.05 feet; thence by same on a curve to the right with a radius of 130.64 feet, a distance of 3.35 tee to Lot No. 3; thence North 44- degrees 38 minutes West along the division line between Lots Nos. 2 and 3 a distance of 76.4 feet to a point; thence South 44 degrees 38 minutes East along the division line between Lots No. I and 2 a distance of 120 feet to a point in the Western line of Windsor Boulevard, the place of BEGINNING HAVING thereon erected a dwelling house known and numbered as 5203 Windsor Boulevard. TAX PARCEL NUMBER: 13-23-0559-004 Being known as: 5203 WINDSOR BOULEVARD, MECHANICSBURG, PA 17055 TITLE TO SAID PREMISES IS VESTED IN Robert P. Forsythe and R/ia M. Forsythe, his wife by Deed from Edward M. Atkinson and Pearl L. Atkinson, his wife dated 6/6/86 and recorded 6/9/86 in Deed Book Y. Volume 31 Page 105. FIRST NATIONWIDE MORTGAGE CORPORATION : : CUMBERLAND COUNTY Plaintiff, : v. : COURT OF COMMON PLEAS : ROBERT B. FORSYTHE, A/K/A R.B. FORSYTHE : CIVIL DIVISION RITA M. FORSYTHE : : NO. 01-1490-CIVIL Defendant(s). : AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) FIRST NATIONWIDE MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 5203 WINDSOR BOULEVARD, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) ROBERT B. 400 EAST SIMPSON STREET FORSYTHE, A/K/A R.B. MECHANICSBURG, PA 17055 FORSYTHE RITA M. FORSYTHE 425 GARDEN DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiffhas knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 5203 WINDSOR BOULEVARD MECHANICSBURG, PA 17055 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of We/fare Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities, May l, 2001 ¢/L/A~ ~ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 FIRST NATIONWIDE MORTGAGE CORPORATION : : CUMBERLAND COUNTY Plaintiff, : COURT OF COMMON PLEAS : CIVIL DIVISION ROBERT B. FORSYTHE, A/I(JA R.B. FORSYTHE : RITA M. FORSYTHE : NO. 01-1490-CIVIL Defendant(s). : CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant ( X ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORPORATION : CUMBERLAND cOUNTY Plaintiff : No, 01-1490-CIVIL ROBERT B. FORSYTHE, A/FdA R.B. FORSYTYIE : RITA M. FORSYTHE : : Defendant(s). : May 4, 2001 TO: ROBERT B. FORSYTHE, AdK/A R.B. FORSYTHE 400 EAST SIMPSON STREET MECHANICSBURG, PA 17055 RITA M. FORSYTHE 3804 MARKET STKEET CAMP HILL, PA 17013 **POE** **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATFEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 5203 WINDSOR BOULEVARD, MECHAN1CSBURG, PA 1705,5, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by FIRST NATIONWIDE MORTGAGE CORPORATION (the mortgagee) against you. If thc Sheriff's sale is postponed, the property will be relisted for the DECEMBER 5, 20.91 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this SherifFs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charge~ costs and reasonable attorney's fees due. To find out how much you must pay, you m call: (215) 563~7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or opel judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale thxough other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. 'To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 AFFIDAVIT OF SERVICE PLAINTIFF FIRST NATIONWIDE MORTGAGE CORPORATION No.01-1490-CIVIL DEFENDANT(S) ROBERT B. FORSYTHE, A/K/A ILB. Type of Action FORSYTHE, RITA M. FORSYTHE - Notice of Sheriff's Sale SERVE ROBERT B. FORSYTHE, Ali(dA R.B. FORSYTHE Sale Date: SEPTEMBER 5, 2001 AT 400 EAST SIMPSON STREET MECHANICSBURG, PA 17055 SERVED Served and made known to ~0~&~r-J~ ~- /~t-3~/ ?t__~ .Defendant, onthe (/~3'/1 dayof ~7~ ,200~; of Pe~ylvania, in the ~er described below: ~ Defendant personally served. ~Adult h~ly member with whom Defendant(s) reside(s). Relations~p is Adult in ch~ge of Defendant(s)'s residence who reused to give ~me or relafio~hp. ~ ManageffClerk of place of lodg~g in which Defen~t(s) reside(s). Agent or person m c~rge of Defendant(s)'s office or usual place of business. ~ o~cer of said Defend~t(s)'s co,any. O~er: Description: Age~gg/$5~ Height.5'q~t$ ;~°Weight/] {/~o Race ~. Sex ~er l,~¢~.~;~]~]~r~ , a co~etent adult, being duly sworn accord~g to law, depose ~d state tMt I personally ~ded a ~e and co~ect copy ~f~e No,ce of ShefiWs Sale in ~e ~er as set fo~ here~, issued m the captioned case on ~e date ~d at the ad&ess indicated above. before me ~is of Notaw: NOT SER~D On the day of ~ 200~, at o'clock ~.m., Defendant NOT FO~ because: Moved U~om No Answer Vacant Other: Sworn to ~d subschbed before me ~is ~. day of ,200 Notaw: By: Attorney for Plaintiff Frank Federman, Esquire - LD. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 AFFIDAVIT OF SERVICE PLAINTIFF FIRST NATIONWIDE MORTGAGE CORPORATION No.01-1490-CIVIL DEFENDANT(S) ROBERT B. FORSYTHE, A/I~A R.B. Type of Action FORSYTHE, RITA M. FORSYTHE - Notice of Sheriff's Sale SERVE RITA M. FORSYTHE AT Sale Date: SEPTEMBER 5, 2001 3804 MARKET STREET,CAMP HILL, PA 17013 **POE** SERVED Served and made known to /~,'~C~ ~Or'SC/ ~ .Defendant, onthe /~1 dayof ~ ,200_~, att/0;~/O ,o'clock~.m.,at 38t9~}Lr l~/~4vt~,~)/] //~.]O/~'/// ~ [7~)/..~ ,Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. __Adult family member with whom Defendant(s) reside(s). Relationship is __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Height ¢ q'~ ~ Weight [ ~ I'/bO Race ~Sex ~ther Description: Age tY'd~'r ~- ' "" ' ~ I,~ ~J~l,r~ [~.( ~. ~-o ~'-~r~L~[ , a competent adult, being duly sworn according to law, depose and state that I personally handed a lrue and correct copy of the/Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subsc,r~ibed y~:~__~__~fg~ before~me this ~,Q ~'Cday On the day of ,200__, at __ o'clock __.m., Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer Vacant Other: Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 First Nationwide Mortgage Corporation In The Court of Common Pleas of Cumberland County, Pennsylvania VS Writ No. 2001-1490 Civil Term Robert Forsythe and Rita M. Forsythe R. Thomas Kline, Sheriff, who being duly swom according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff' s Costs: Docketing 30.00 Sumharge 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.66 Mileage 21.41 Levy 15.00 Advertising 15.00 Certified Mail 1.36 Poundage 4.35 Postpone Sale Law Journal Patriot News 63.75 $ 223.03 paid by attorney 8/31/01 Sworn and subscribed to before me ~t~ This l0 day of R. Thomas Kline, Sheriff 2001,A.D. ~ ~., Prothonotary Refil Estate Deputy FIRST NATIONWIDE MORTGAGE CORPORATION : : CUMBERLAND COUNTY Plaintiff, : v. : COURT OF COMMON PLEAS : ROBERT B. FORSYTHE, A/IGA R.B. FORSYTHE : CIVIL DIVISION RITA M. FORSYTHE : : NO. 01-1490-CIVIL Defendant(s). : AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIRST NATIONWIDE MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQU[R.E, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 5203 WINDSOR BOULEVARD, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) ROBERT B. 400 EAST SIMPSON STREET FORSYTI-IE, )diCtA R.B. MECItANICSBURG, PA 17055 FORSYTItE RITA M. FORSYTHE 425 GARDEN DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 4. Name and address of the Iast recorded holder of every mortgage ofrecord; NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 5203 WINDSOR BOULEVARD MECI-IANICSBURG, PA 17055 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare [Iarrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORPORATION : CUMBERLAND COUNTY Plaintiff, : v. : No. 01-1490-CIVIL : ROBERT B. FORSYTHE, AJKJA R.B. FORSYTHE : RITA M. FORSYTHE : Defendant(s), : May 4, 2001 TO: ROBERT B. FORSYTHE, A/K/A R.B. FORSYTHE 400 EAST SIMPSON STREET MECHANICSBURG, PA 17055 RITA M. FORSYTHE 3804 MARKET STREET CAMP HILL, PA 17013 **POE** **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1F YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE rN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 5203 WINDSOR BOULEVARD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by FIRST NATIONWIDE MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the DECEMBER 5, .200!. Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERff'F'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was ~ossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff'the flail amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the mo'ney bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other fights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN Lot Not 2, Block K. on Plan No. 1, Windsor Park. Lower Allen Township, Cumberland County, Permsylvania, as partly shown on the Plan dated January. 3I, 1959 as revised March 27, 1959, by D. P. Raffensperger, R.S., and recorded in Plan Book I7. Page 90. more particularly described as follows, to wit: BEGINNING at a point on the Westerly side of Windsor Boulevard, said point being I05 feet south of the Southwest intersection of Windsor Boulevard and Wesley Drive as shown on the: said revised Plan; thence South 45 degrees 22 minutes West along the Westerly side of Windsor Bc,ulevard, a distance of 73.05 feet; thence by same on a curve to the fight with a radius of 130.64 feet, a distance of 3.35 fee to Loc No. 3; thence North 44 degrees 38 minutes West along the division line between Lots Nos. 2 and 3 a distance of 76.4 feet to a point; thence South '44 degrees 38 minutes East along the division line between Lots No. 1 and 2 a distance of I20 feet to a point in the Western line of Windsor Boulevard. the place of BEGINNING. HAVING thereon erected a dwelling house known and numbered as 5203 Windsor Boulevard. TAX PARCEL NUMBER: 13-23-0559-004 Being known as: 5203 WINDSOR BOULEVARD, MECHANICSBURG, PA 17055 TITLE TO SAID PREMISES IS VESTED IN Robert P. Forsythe and Rita M. For~the, his wife by Deed from Edward M. Atkinson and Pearl L. AtkJ_nson, his wife dated 6/6/86 and recorded 6/9/86 in Deed Book Y, Volume 31 Page 105. WRIT OF EXECUTION and/or ATTACHMENT 01-1490 COMMONWEALTH OF PENNSYLVANIA) NO CIVIL 19 __ COUNTY OF CUMBERLAND) ' CIVIL ACTION-LAW TO THE SHERIFF OF __ ~UM_BgN?'A~ND~ .... COUNTY: To satisfy the debt, interest and costs due First Nationwide Mortgage Corporation ................ PLAINTIFF(S) lrom Rob~ert Bt a~/._k/~av_R' _B.. Fo~s_~_the, 400 g. Simpson St., Mechanicsbur9 PA 17055 and Rita M. Forsythe, 425 Garden Dr., Mechanicsburg PA 17055. _DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) andtosell Real estate located ~ .5203 ~inds__or~B!v~d-_,__Mech_ani~c~sb--u~g- P_ A__ (See attached legal ~des criPt~ion · ) (2) You are also directed to attach the properly of the defendant(s) not I~vied' upon in the possession of __ ............. GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any propedy of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated $.50 Amount Due $50,535.15 LL $8.31 per diem) Interest 4/2~/01 to 9/5/01 $1,105.23 DueProlhy $1.00 Atty's Comm % Other Costs Arty Paid 131.50 Plaintiff Paid [)ate May 10, 2001 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name Frank Federman, Esq. One Penn Center @ g~ur]D-~h~a~ion Address $uitc 1400 Attorney for: Plaintiff (215) 563-7000 Telephone: Supreme Court ID No. 12248 Interest In the real property situated in Zou..~-~ ~.~0~ n /'---'~/~ Cumberland County, Pa., known and numbered as: .~"~3 ~'-J'/~/~ and more fully described on ExllllNt "A" file~ with this writ and by thls reference Incorporated heretn.. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L, Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 24th day(s) of July 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Misc..ellaneous Book "M', VolUmepUBLiCATiON14, Page 317· _ ...~.ff.. !...... COPY ,~, ..... tu a,,d suescr/bed betot6 ..,_ ....._1st d_. v. Aud~ 2001 A.D. S A L E #15 / TewLP. a~,N~ ,/"; //'"~ · 'e ^l~atlc~ .~ Ne~a~ N(~ARY PUBLIC ' Menlber, Pennsylvam My commission expires June 6, 2002 · ,. ,, ' ' CUMBERLAND COUNTY SHERIFFS OFFICE ~· ~ CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs Plan No:l. Wltxt~rlS~,L TO THE PATRIOT-NEWS CO., Dr. Cu~t~-~.d For publishing the notice or publication attached mvia~d ~a~clt27, 195~ hereto on the above stated dates $ 62.25 Probating same Notary Fee(s $ 1.50 Total $ 63.75 ~ublisher's Receipt for Advertising Cost · ,~ or 11~ fro; ~ I ~ublisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ~ ~ ~'~ ~o ~ ~,1~ ~ia ~ ~di~{ re(:(;~p[ of the aforesaid notice and publication costs and certifies that the same have